Presentation SummaryResponding to an Oil Spill: Preparedness and CleanupRalph Dollhopf, Federal On-Scene Coordinator, U.S. Environmental Protection Agency Biography Mr. Dollhopf has served as an On-Scene Coordinator for USEPA’s Emergency Response Team since 1985. He has helped to lead EPA’s responses to nationally significant events including EPA's cleanup of residential methyl parathion sites in Ohio, Illinois, Michigan, and Mississippi (1997-1999); World Trade Center (2001); Washington DC anthrax attacks (2001-2002); Columbia Space Shuttle Recovery (2003) and Hurricane Katrina (2005). Mr. Dollhopf represented EPA in the inter-agency drafting of the original National Response Plan and National Incident Management System and has since taught and led effective implementation of ICS by EPA.

From July 2010 thru August 2013 he served as the EPA Federal On-Scene Coordinator (FOSC) during EPA’s response to the July 2010 Enbridge Line 6B Discharge into the Kalamazoo River.

Currently stationed in Traverse City, Michigan, he holds Psychology and Environmental Engineering degrees.

Remarks According to the Clean Water Act, the discharge of oil is prohibited if it occurs in a harmful quantity. A harmful quantity is oil that is oil discharged which results in the occurrence of a sheen on the surface of the water or in the occurrence of a sludge or emulsion below the surface of the water. That is not a very high tolerance and not very much oil. This is what prompts the need for EPA or the U.S. Coast Guard (USCG) to conduct or supervise cleanup activity.

The primary federal regulation, called the Oil and Hazardous Substances National Contingency Plan, describes who is responsible for making sure oil is cleaned up when it is discharged and how that process is to be conducted. The federal On-Scene Coordinator (OSC) is the entity established by the national contingency plan to be at the tip of the spear – they are the spokesperson, the representative of either the EPA or USCG. If the spill occurs inland and affects inland waterways, EPA is the On-Scene Coordinator. If the spill occurs offshore, in the coastal zone, or threatens a coastal zone because it is so close to the coastal zone, the U.S. Coast Guard is the federal On-Scene Coordinator. In Northern Michigan, for almost every discharge of oil, water is potentially affected. Because of the proximity of the rivers and streams to the lakes and their contiguousness, EPA and USCG are almost always working together on discharges in Northern Michigan. Ultimately, one agency will emerge as the designated lead, but both agencies are working together and cooperatively to make sure the spill is appropriately addressed. The On-Scene Coordinator, whether EPA or USCG, coordinates with all the other local and state agencies and tribal entities that have to be involved and that are affected. The National Contingency Plan requires the use of a coordination system known as the Incident Command System. This is the same type of response system that firefighters use out West on wildfires and that FEMA employs in response to hurricanes – the idea is that when responders come into a response, they all speak the same language , so they can quickly organize and get to the job rather than figure out how to organize.

EPA and the USCG both have a strong obligation during response oil spills to keep the public stakeholders informed. In some cases, particularly relatively minor oil spills, EPA and USCG will monitor the activity of the responsible party, but in other spills, what are called substantial harm discharges, EPA and USCG are not only authorized to direct the cleanup activities, we are obligated to direct the cleanup. A substantial harm discharge is one like the spill into the Kalamazoo River in Marshall, Michigan. While Congress, in promulgating the National Contingency Plan, contemplated that they wanted the On-Scene Coordinator to have absolute authority in dictating how response occurred, they at the same time, encouraged cooperation and consensus. Therefore, when EPA and USCG are charged with the cleanup, they try to use consensus as is provided for in the National Contingency Plan. However, under the Clean Water Act 311 enforcement authority, EPA and USCG can issue administrative orders, which are not cooperative. This is a unilateral action stating the cleanup must be conducted in a certain way and time frame, etc. This provides teeth to the EPA and USCG with respect to administering oil spill cleanup.

Conceptually, the response priorities include safety of human life, stabilizing the situation, and cleaning it up. The first concern is always human health. Once human health is addressed, the situation can be assessed and a plan can be developed for cleanup. When it comes to the cleanup stage, there are several phases: notification; preliminary assessment to figure out where the oil is, what resources have been impacted and affected, how it is moving, etc.; and development of a plan. Once the assessment and development of a plan are completed, response activities are implemented including documentation of cost. As part of the initial assessment, the On-Scene Coordinator – either EPA or Coast Guard – is required to consult with the natural resource trustees. These are the people on the federal, state, and tribal level who are charged with being the shepherds or the sponsors of our natural resources, whether they are land, animals, or aquatic organisms. Oil spills impact natural resources and these entities have to be involved early in the response. It is critically important because they help figure out what is worse, the effect of the oil spill or the effect of the cleanup. It doesn’t make sense to go in and dig up the shoreline to get every last drop of oil if everything is killed and damaged in the process. The other very significant role of the trustees is to document the effects of the oil spill so that reimbursement for restoration and recovery can be sought from the responsible party.

There are many natural process which affect how oil behaves in the environment and how cleanup and recovery occurs. Many of these go to what we call weathering. Oil spill cleanup generally involves applying physical methods like use of absorbent materials, flushing or pressure washing, raking, bulldozing, and excavation. It involves using booms, vacuum equipment, and skimmers to contain oil and pick up what is contained. The EPA and Coast Guard are also the ones who determine what type of alternative counter measures might be employed in the event of a spill such as biological agents in the case of an ocean or marine spill, in situ burns, or natural attenuation. Recover and rehabilitation of wildlife is also a very big component to spill response.

The federal On-Scene Coordinator, in consultation with the governor of the affected state, determines when a cleanup is complete. For Michigan, the federal On-Scene Coordinator and the State of Michigan coordinate with the Michigan Department of Environmental Quality throughout the recovery to say when the cleanup is done and when EPA will transition it to the state. Pursuant to the National Contingency Plan, EPA and USCG are ultimately responsible for the safety of all workers on a response as well as for coordinating with the health agencies and the local emergency management agencies to ensure public safety. Public safety can very often be a real issue, particularly in early days of the response, particularly when there are large volumes of any kind of oil. Whether tar sands oil, gasoline, or cooking oil, when there is a lot of oil on the ground, public health issues are paramount.

The other major task required by the National Contingency Plan is for EPA and USCG to implement area planning or contingency planning. There is a national contingency plan, area plans, and subarea plans. In our case here in Northern Michigan, there is a subarea which covers all of the Northern Lower and half of the UP. More information on the contingency planning and oil spill response can be found on the Region 5 Regional Response Team website at www.rrt5.org or the EPA Region 5 website at www.epa.gov/region5oil/acp.html. Click here for the Northern Michigan Subarea Contingency Plan.